(Comer 2024 9th edition.)
Insanity is a(n) _____ term. legal
Mentally disordered sex offenders People found guilty of a crime and judged to be responsible, but
are committed to a mental health facility instead of prison.
What two systems make up "the Legal field"? Legislative and Judicial
Psychology in law mental health professionals play a role in the criminal justice system
law in psychology the legislative and judicial systems act upon the clinical field, regulating certain
aspects of mental health care
Forensic Psychology The intersection between the mental health field and the legal and judicial
systems.
To arrive at just and appropriate punishments for the defendant, the courts need to know what?
Whether the defendant is responsible for the crime, and capable of defending themselves in court.
criminal commitment When people accused of crimes are judged to be mentally unstable. They are
usually sent to a mental institution for treatment.
What is the major argument against judgements of mental instability? The judgements are loopholes?
M'Naghten test a legal test for insanity that provides that the defendant is not guilty (due to insanity) if,
at the time of the killing, the defendant suffered from a defect or disease of the mind and could not
understand whether the act was right or wrong
,Irresistible Impulse Test A legal test for insanity that holds people to be insane at the time they
committed a crime if they were driven to do so by an uncontrollable "fit of passion"
Durham Test a legal test for insanity that holds people to be insane at the time they committed a crime
if their act was the result of a mental disorder or defect
American Law Institute Test a legal test for insanity that holds people to be insane at the time they
committed a crime if, because of a mental disorder, they did not know right from wrong or could not
resist an uncontrollable impulse to act
Which test for insanity is now used in all federal courts and roughly 1/2 of state courts? M'Naghten
What are the concerns of the Insanity Defense? 1. The fundamental difference between the law and
science of human behavior.
2. Uncertainty of scientific knowledge about abnormal behavior.
3. The defense allows dangerous criminals to escape punishment.
Law of Human Behavior Assumes that individuals have free will and are generally responsible for their
actions.
Science of Human Behavior Assumes that physical or psychological forces act to determine an
individual's behavior. Guilty
Guilty but mentally ill verdict Defendants are found mentally ill at the time of their crime, but their
illness was not fully related to or responsible for the crime.
Guilty with diminished capacity A defendant's mental dysfunction is viewed as an extenuating
circumstance that should be considered (only allowed in some states).
, Mentally incompetent to stand trial When the defendant is unable to understand the charges and
legal proceedings they are facing, as well as being unable to work with their legal team to present an
adequate defense. Wh
Process of Civil Commitment The process which allows forcing certain people into mental treatment.
What types of individuals do our legal system permit involuntary commitment of? Those who are
considered (1) in need of treatment and (2) dangerous to themselves or others.
Who usually begins the proceedings of Civil Commitment? Family members of the individual considered
for commitment.
What are the Supreme Court's guidelines for Civil Commitment? Minimum standard of proof--clear and
convincing proof of illness and of meeting the state's criteria for commitment
2PCs Certification signed by 2 physicians, for patients needing temporary commitment and
medication (length is usually limited to 3 days).
Criticisms of civil commitment 1. It's difficult to assess dangerousness
2. Legal definitions of "mental illness" and "dangerousness" are vague 3. It has questionable therapeutic
value
In what two ways have the rights of patients with mental disorders expanded? They gained the (1) right
to treatment and (2) the right to refuse treatment.
What are the 4 key ways Mental Health and Legal professionals have crossed paths in the past 25 years?
1. Malpractice suits
2. Profession boundaries
3. Jury Selection
4. Psychological research of legal topics